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monkeymagic
Joined: 21 Nov 2007
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 Posted: Fri Jul 01, 2011 8:43 am Post subject: |
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| koreatimes wrote: |
| monkeymagic wrote: |
The have said they want to pay it pro-rata every year not every month.
i.e. only strictly after 2 or 3 years not 1.5 or 2.5, 2.7 years etc.
Also they want to pay only up to 600,000W airfare and for them to buy the ticket and me to pay any difference above.
(the contract says 600,000/W or airfare whichever is cheaper.) |
I would give them a choice:
A) Pay me my severance now
B) Pay me my severance now and flight home
You might want choose B for them, as it sounds obvious after their 600,000 blunder comment you won't see your 2 years of severance. |
I have already tried this along very similar lines and it only leads to further disagreements. Basically, my boss doesn't want this situation. (i.e. wants to pay severance and airfare later rather than now) |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Fri Jul 01, 2011 10:50 am Post subject: |
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| monkeymagic wrote: |
| I have already tried this along very similar lines and it only leads to further disagreements. Basically, my boss doesn't want this situation. (i.e. wants to pay severance and airfare later rather than now) |
There is no need for disagreement. You should finish your contract and find another school. Use your flight as a negotiating tool, he pays you severance and lets you transfer to another school, or get new documents and sue him for severance and flight.
If you stay, look at what you risk. Your flight reimbursement is a joke, 600,000 is not enough. There is very little to go on that he will pay your severance. If you continue working for him past your current contract end date, I don't think you will see any of your severance.
If you don't care about either, then you could keep working for him as long as he pays you monthly. Has he paid into your pension? Check that. That's money you can pay and the pension office will try to collect the rest from him. |
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monkeymagic
Joined: 21 Nov 2007
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| Posted: Fri Jul 01, 2011 11:24 am Post subject: |
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Just wanted to verify...what is it you meant by finish? Give 30 days notice to leave? (I'm currently 3 months into my 2nd year).
though of sending a response such as...
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You want pro-rata severance.
Pro-rata is based on every incident of pay
(in this case per month). That's what pro-rata means.
It is only after 12 months that it can go by pro-rata.
Essentially it will probably be by default now anyway.
This is fine with me.
You want to limit your liability for airfare to 600,000W.
If you agree to pay for airfare the it MAY make you liable
for the entire airfare back to my country.
It's not me you need to collaborate with over this it's
the authorities who make these rules and regulations.
You can continue to seek legal council if you like
(as is your right) but IMHO beyond this point it would
simply be a waste of time and money.
Thank you most kindly
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koreatimes
Joined: 07 Jun 2011
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| Posted: Fri Jul 01, 2011 11:50 am Post subject: |
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| (I'm currently 3 months into my 2nd year). |
I wasn't paying attention to the post names. I don't understand why you used the original poster's thread. They haven't signed a new contract and that is who I thought I was replying to.
Now that I see you are a different person with a different problem, you should have started your own thread. I should have checked who I was replying to.
I guess you could quit, but I don't know about the "6 month" rule, if you have to wait 3 more months or if you can transfer now. This would depend on your school allowing the transfer. If not, you would need new documents and that takes more than a month anyway. Probably not a good idea to give 30 month notice yet.
Get new documents now, hopefully the school treats you nicer until you receive them. Then, make up some excuse for having to leave (illness, death in family, called for jury trial (joking), etc...)
Work on the sympathy vote now. I used my Korean girlfriend. |
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monkeymagic
Joined: 21 Nov 2007
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| Posted: Fri Jul 01, 2011 12:00 pm Post subject: |
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I'm in my 15th month with the same employer.
The employer does not want to go by the contract for severance and airfare and sought legal council instead.
It seems my employer wants to make their own rules about severance and airfare regardless of the contract or the law.
yup most of this post is now about me. The first few are with regard to the person who is not yet in their second year with the same employer.
(sorry I thought it was a 'general' board about severance) - Doh! |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Fri Jul 01, 2011 7:16 pm Post subject: |
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| wants to make their own rules about severance and airfare regardless of the contract or the law. |
You already stated they will only give 600,000 and this was in the contract. Is this correct? If so, fighting for the airfare won't bring in much.
Do you know of any specific laws which require them to pay severance now instead of the end of the year?
Severance as I understand it is when you stop working for a company and you "sever" all relationships.
I think you will need new documents if you try to fight for severance. So, I would get them now, and then quit later when you have them.
Make your employer think you will finish the year so they keep paying your monthly salary. Then, when you get your documents, give your 30 day notice, and then you will be in a position to collect on severance. If he puts up a fight you can still stay in the country.
If you act now, you will probably have to change to a tourist visa or change it to one for legal proceedings. I think that is like a C visa. |
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